Class Action and PAGA Defense

Class action lawsuits remain on the rise, especially in California, and especially in the employment arena.  They require experienced counsel to navigate through the highly complex issues that can arise in these cases. At Tharpe & Howell, LLP, we have an experienced team of lawyers who focus on employment and commercial class action cases.  We have developed efficient, cost-effective, and creative litigation and resolution strategies for class action litigation, while considering the impact on the business operations of our clients. We also engage in proactive strategies to minimize the risk of future class action claims.

The wicked stepchild of wage and hour class action is the California Labor Code Private Attorneys General Act (“PAGA”), which provides current and former employees a vehicle to sue employers on a variety of Labor Code requirements on behalf of the State of California and other similarly situated current and former employees for replicating civil penalties that can amount to financially crippling levels, without ever having to meet the stricter requirements for class actions.  While PAGA claims used to be overshadowed by class action claims, plaintiffs are now often making PAGA claims the focus of their lawsuits. Attorneys and courts alike are working to navigate through this underdeveloped area of the law. Tharpe & Howell’s attorneys have been at the forefront of developing creative arguments and strategies to combat these claims at both the trial and appellate court level.

Some of the types of claims our Firm has defended in the class action/PAGA arena include:

  • Misclassification (exempt v. non-exempt, employee v. independent contractor)
  • Overtime/off-the-clock/minimum wage
  • Meal and rest breaks
  • Uniform maintenance
  • Vacation pay
  • Timely payment of wages upon termination of employment
  • Reimbursement of business expenses
  • Unfair Competition Law
  • Consumer Legal Remedies Act
  • Automobile Sales Finance Act
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